Although Virginia’s roads are relatively dangerous compared to neighboring Washington, D.C., about 90 percent of its drivers carry liability insurance. Because most drivers can’t pay traffic accident damages out of their own pockets, insurance issues are usually at the forefront of a claim for compensation arising out of a traffic accident.
Like many other states, Virginia has enacted legislation to allow victims of fault-based accidents to obtain fair compensation for the injuries and property damage that they suffer as the result of a traffic accident.
Virginia’s “Fault” Auto Insurance System
Virginia, like the majority of U.S. states, applies a “fault” system to auto insurance claims. This means that if you believe the other driver was at fault, you have the option of seeking compensation in two ways — by filing a third-party claim against his liability insurance policy, or by suing him directly in Virginia state court. If you carry insurance that will allow you to file a claim in this situation (such as health insurance or some forms of auto insurance), you can pursue this option as well, as long as you don’t end up with a double recovery.
Mandatory Liability Insurance Coverage
In Virginia, liability insurance is a legal requirement to drive and must cover at least the following:
- $25,000 per victim in personal injury damages,
- $50,000 total per accident in personal injury damages
- $20,000 per accident for vehicle damage.
Such a policy would pay up to $70,000 per accident — $50,000 for personal injury and $20,000 for property damage. You can negotiate for higher coverage limits if you wish – indeed, many Virginia drivers do.
Penalties for Failure to Carry Appropriate Insurance
Virginia sanctions drivers who fail to maintain proper auto liability insurance in the following manner:
- A fine of $500
- Suspension of your vehicle’s registration
- Suspension of your driving privileges (if you are from out of state, Virginia will notify your state’s DMV, which in all likelihood will assess penalties against you based on the laws of that state)
Other Types of Insurance Coverage
Liability insurance is not the only type of coverage available to Virginia motorists. Uninsured motorist insurance, for example, covers you for an accident with an at-fault but uninsured motorist, while underinsured motorist coverage applies when an insured motorist’s liability insurance coverage limits are reached. Virginia requires its motorists to carry uninsured and underinsured motorist insurance with minimum coverage limits of $25,000 per injured victim, $50,000 per injury accident, and $20,000 for property damage (with a $200 deductible).
You may also purchase carious other types of insurance offered by in-state insurers – some policies, for example, will even cover you for damages arising from an accident that was your fault.
Statute of Limitations
In Virginia, you have a two-year window (starting with the date of the accident) to file a bodily injury lawsuit, and five years from the same date to file a vehicle damage lawsuit. If you are a “statutory beneficiary” (a qualifying relative or dependent), you have two years from the date of the victim’s death to file a wrongful death lawsuit.
